- Latest available (Revised)
- Point in Time (13/10/2003)
- Original (As enacted)
Version Superseded: 31/05/2005
Point in time view as at 13/10/2003.
School Standards and Framework Act 1998, Cross Heading: Code of practice is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Secretary of State shall issue, and may from time to time revise, a code of practice containing such practical guidance as he thinks appropriate in respect of the discharge by—
(a)local education authorities,
(b)the governing bodies of maintained schools,
(c)appeal panels, and
(d)adjudicators,
of their respective functions under this Chapter.
(2)The code may include guidelines setting out aims, objectives and other matters in relation to the discharge of their functions under this Chapter by local education authorities and such governing bodies.
(3)It shall be the duty of—
(a)each of the bodies and persons mentioned in subsection (1) when exercising functions under this Chapter, and
(b)any other person when exercising any function for the purposes of the discharge by a local education authority, or the governing body of a maintained school, of functions under this Chapter,
to have regard to any relevant provisions of the code.
(4)The Secretary of State shall publish the code as for the time being in force.
(5)The Secretary of State may under subsection (1)—
(a)make separate provision (by means of separate codes of practice) in relation to different functions under this Chapter of the bodies and persons mentioned in that subsection;
(b)make different provision for England and for Wales (whether or not by means of separate codes of practice);
and references in this section to “the code” or to functions under this Chapter shall have effect, in relation to any such separate code of practice, as references to that code or to functions under this Chapter to which it relates (as the case may be).
(6)In this Chapter—
“admission arrangements” and “the admission authority” have the meaning given by section 88;
“appeal panel” means a panel constituted [F1in accordance with regulations under section 94(5) or 95(3)] for the purpose of hearing an appeal under this Chapter;
“child” (except in sections 96 and 97) includes a person who has not attained the age of 19;
“maintained school” means a community, foundation or voluntary school;
[F2“the relevant standard number”, in relation to a maintained school, a relevant age group and a school year, means the standard number applying under Schedule 23 to the school in relation to that age group and year.]
Textual Amendments
F1Words in s. 84(6) substituted (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 51, 216, Sch. 4 para. 2 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)
F2S. 84(6): Definition of "the relevant standard number" repealed (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)
Modifications etc. (not altering text)
C1S. 84 modified (temp.)(22.4.1999) by S.I. 1999/1064, reg.2.
S. 84 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.
S. 84 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.
C2S. 84 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C3S. 84(6) modified (6.1.1999) by S.I. 1998/3130, reg.2
(1)Where the Secretary of State proposes to issue or revise a code of practice under section 84, he shall prepare a draft of the code (or revised code).
(2)The Secretary of State shall consult such persons about the draft as he thinks fit and shall consider any representations made by them.
(3)If he determines to proceed with the draft (either in its original form or with such modifications as he thinks fit) he shall lay a copy of the draft before each House of Parliament.
(4)If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed code.
(5)If no such resolution is made within the 40-day period, the Secretary of State shall issue the code (or revised code) in the form of the draft, and it shall come into force on such date as the Secretary of State may by order appoint.
(6)Subsection (4) does not prevent a new draft of a proposed code from being laid before Parliament.
(7)In this section “40-day period”, in relation to the draft of a proposed code, means—
(a)if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
(b)in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(8)In this section references to a proposed code include a proposed revised code.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: